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Allahabad advocate challenges JK’s special status in letter to Governor

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By Syed Nashir Ali Gillani

Srinagar, Jun 28: An advocate at Allahabad High Court, Udit Chandra, has asked the governor N N Vohra to use his powers and recommend the removal of Article 370 from the constitution of India.
Article 370 is a provision, which grants special status to Jammu & Kashmir.
In a letter shot to Vohra on June 23, while giving the reference of history, he has submitted that “abrogation of Article 370 is the only viable solution to all the problems of Jammu and Kashmir”.
“History always remembers people for not, what they could have done but what they have done. Your entire life speaks volumes of good deeds, you have done for the country,” the letter reads.
The letter further reads: “Now, history is knocking at your door once again and it is upto you to open the door and let your name written in the golden words, in the pages of history or you can be content with huge contribution already made by you for this country.”
In his letter, Chandra has talked about the features of Article 370 and the difference between the Governor rule in J&K and other states of the country.
With reference to Article 370, he has written that it is “temporary provision and is not the basic part of the constitution of India”.
“That there is some difference between governor rule in the state of Jammu and Kashmir and in other states. As far as governor’s rule in the other states of the country is concerned, the same are covered by Article 356, while as per the constitution of Jammu and Kashmir 1956, the same is governed by Article 92,”the letter reads.
“While under Article 357 during governor rule, the powers of the governor are limited and are mostly confined to the approval from the parliament but the same is not the case w.r.t article 92 of Jammu and Kashmir constitution,” states the letter.
Chandra in his letter says that from the plain reading of the said provision, it is ample clear that governor “enjoys unlimited powers during the governor rule”.
“The governor can take all the actions which are necessary for enforcing the proclamation. The said actions include, executive functions, as mentioned in the article 92(1) (a) of the government as well as the legislative function (as mentioned in Article 92(4) of the constituent assembly’s concerned,” reads the letter.
“It also has the power to suspend the entire constitution of J&K, if required,”
With reference to Article 35 A, he writes “That once Article 370 is removed, the Constitution (application to J&K) order of 1954 will cease to remain in force as it derives its powers Article 370(1) and all the changes made in view of this 1954 order will also cease to exist.”
“Thus Article 35 A also gets repealed and there will be no embargo from citizens of India to purchase land and to step up industries in J&K,” the letter maintains.

 
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Kashmir

Dark homes, waterlogged streets: Story of Kashmir after few inches of snow

Mudassir Kuloo

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Srinagar, Jan 17: The public utility services, especially power and transportation, have been badly hit by Wednesday’s snowfall exposing the authorities’ lack of preparedness.

Kashmir received light to moderate snowfall since Wednesday morning and with it, the supply of electricity, which was already patchy, became even worse.

People, even after the snowfall stopped, complained of facing abrupt power cuts.

 

Mohammad Altaf, a resident of south Kashmir’s Kokernag, said that electricity was yet to be restored in his area.

He termed the assurances given by the government regarding the early restoration of electricity as “baseless”.“People of this constituency have been suffering terribly due to the absence of electricity. In addition, many roads have not been cleared yet,” he said.

The residents of main town Anantnag and its adjoining Dialgam and Kadipora areas too complained of unscheduled power cuts.

The situation is almost similar in the summer capital.“For the last two days, we face abrupt power cuts. Our children are not able to prepare for the exams due to power cuts in the evening hours. They have to study under candlelight and lanterns,” said Gulzar Ahmad, a resident of Habak, an otherwise metered area.

In non-metered ones, the supply is even worse.“We face frequent power cuts. We don’t know when the power will remain on and off,” said Kaisar Ahmad, a resident of Qamarwari.

The residents of the main town Baramulla too complained of facing unscheduled and frequent power-cuts, especially since Wednesday.
Chief Engineer, Power Development Department, Kashmir, Hashmat Qazi, claimed the electricity had been “restored almost in all areas”.“Some areas face power cuts due to overloading,” he added.

Waterlogged streets were another issue that people had to deal with.“There is immense water logging in our area due to lack of drainage system,” said Ghulam Jeelani, a resident of Qamarwari.

Due to waterlogging, the city areas including Tourist Reception Centre, Jehangir Chowk, Batamaloo, and Budshah Chowk witnessed heavy traffic jams.

An official of Srinagar Municipal Corporation said that only 40 per cent Srinagar has a proper drainage system in place.
“Under AMRUT scheme, the centre will provide Rs 390 crore in the next five years for the drainage system in Srinagar and Rs 300 crore will come from the World Bank project for it,” the official added

He agreed that there were several by-lanes, which have not been cleared yet due to lack of adequate snow clearing machines.

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 Kin of 9 arrested youth protest for their release

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Srinagar, Jan 17: Scores of women Thursday protested at Rajouri Kadal here demanding the immediate release of their sons and kin, who, they claimed, were being handed over to National Investigation Agency (NIA) after being detained by J&K Police last year.
Shouting slogans against the state police and the NIA, the women, most mothers of those arrested, assembled at Rajouri Kadal square in the morning and blocked the main road.

They demanded an immediate release of the nine boys, who were arrested by the police in November.

The detained persons, as per news agency GNS were identified as Tahir Ahmad Khan son of Ali Mohammad of Chandrigam, Tral, and Haris Mushtaq Khan son of Mushtaq Ahmad of Wathoora, Budgam.

 

The duo was arrested by the police in Srinagar on November 23.

On their disclosure, police sources said that seven more persons were arrested in subsequent days.

They included Abdul Ahad Mir son of Ghulam Mohammad of Khurhama, Kupwara and six other Srinagar residents: Asif Suhail Nadaf son of Latief Ahmad of Rainwari; Irfan Ahmad Seeru son of Mohammad Shaban of Nawa Kadal; Wahid Abbas Bhat son of Mohammad Abbas of Rajouri Kadal; Ashiq Hussain son of Bashir Ahmad of Nowhatta; Haris Rashid Langoo son of Abdul Rashid of Malik Sahib Gojwara; and Arif Majeed Khan son of Abdul Majeed of Hawal.

Quoting police sources, GNS had reported that all the arrested were “working as over-ground workers (OGWs) of militant outfits and police had also recovered two pistols along with 14 rounds, three grenades, one bara bore single barrel rifle, one ISIS flag and one cutter.”

The protesting women, however, claim their sons and kin are “innocent”.
“Police had assured he will be released soon but even after frequent visits to the police station, he has not been released yet. We read from the internet a few days ago that they will be sent to Jammu for NIA investigation,” said Sameena, whose brother is among those arrested.

Another woman, who has already lost her husband, said her son is in jail for the last around two months “without any charges”.
The police have already refuted the reports claiming the youths were being handed over to the NIA. “In this context, it is clarified that the instant case FIR No 93/2018 was registered at Police Station Kothi Bagh under the relevant sections of law. This case was subsequently taken over by NIA and all the arrested accused persons in this case are presently in Judicial Custody,” the police spokesperson said.

Alok Mittal, NIA spokesperson too denied such reports saying: “We did not receive any such cases.”
IGP Kashmir and SSP Srinagar did not respond to repeated phone calls.

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Political astuteness not economic packages needed to resolve Kashmir: Mehbooba

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Srinagar, Jan 17: Former Chief Minister and President People’s Democratic Party (PDP) Mehbooba Mufti on Thursday reiterated that dialogue and reconciliation between India and Pakistan have become inevitable for the resolution of Kashmir issue and that the decades old conflict cannot be resolved by the announcement of the economic packages.

While addressing the party functionaries and activists from Rajpora assembly segment, Mehbooba said that the resilience of the PDP workers is worth to hail as they in spite of the harsh weather attended the meeting in large numbers and gave a clear message that the party is going to emerge victorious and more stronger in the coming time.

Hailing the impeccable courage and determination with which the PDP workers have been strengthening the party on the ground, Mehbooba said that the real asset for the PDP since its foundation in 1999 has been its ground level workers.

 

PDP President stated further that after the 2014 polls accorded fragmented mandate to state’s political landscape, PDP founder Mufti Mohammad Sayeed decided to stitch the common ground with BJP will the sole motive to reincarnate the Vajpayee era in the state and to stop the vicious cycle of unabated killings and violence. “Even when I told my father that the decision to join hands with the BJP has more risks than rewards and would decline party’s popularity in the state, he said he was ready to sacrifice everything including his own self if that resolves the decades old conflict,”

Mehbooba said, adding that her father was confident that dialogue and reconciliation would be initiated and same measures taken during Vajpayee’s time shall be witnessed once again. “However, when on November 7, 2015 Prime Minister Modi addressed a rally in Srinagar, he announced 80 thousand crore package but exhibited reluctance in pitching for a thaw between India and Pakistan for peace in the state. This disheartened everyone including the people who had come from far flung areas to listen to the Prime Minister,” Mehbooba said.

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